12-1755.   Same; salvage,sale; assessment and collection of costs; procedure.(a) If the owner of any structure has failed to commence the repair orremoval of such structure within the time stated in the resolution or hasfailed to diligently prosecute the same thereafter, the city may proceed toraze and remove such structure, make the premises safe and secure, or letthe same to contract. The city shall keep an account of the cost of suchwork and may sell the salvage from such structure and apply the proceeds orany necessary portion thereof to pay the cost of removing such structureand making the premises safe and secure. All moneys in excess of thatnecessary to pay such costs and the cost of publications of notice andany postage for mailing of notice, after the payment of all costs, shall bepaidto the owner of the premises upon which the structure was located.

      (b)   The city shall give notice to the owner of such structure byrestricted mail of the total cost incurred by the city in removing suchstructure and making the premises safe and secure and the cost ofproviding notice. Such notice also shallstate that payment of such cost is due and payable within 30 days followingreceipt of such notice. If the cost is not paid within the thirty-dayperiod and if thereis no salvageable material or if moneys received from the sale of salvageor from the proceeds of anyinsurance policy in which the city has created a lien pursuant to K.S.A.40-3901 et seq., and amendments thereto, areinsufficient to pay the cost of such work, thebalance shall be collected in the manner provided by K.S.A.12-1,115, and amendments thereto, or shall beassessed as a special assessment against the lot or parcel of land on whichthe structure was located and the city clerk at the time ofcertifying other city taxes, shall certify the unpaid portion of thecosts and the county clerk shall extend the same on the tax rolls of thecounty against such lot or parcel of land. The city maypursue collection both by levying a special assessment and in the mannerprovided by K.S.A. 12-1,115, and amendments thereto, butonly until the full cost and any applicableinterest has been paid in full.

      Whenever any structure is removed from any premises under theprovisions of this act, the city clerk shall certify to the county appraiserthat such structure, describing the same, has been removed.

      (c)   If there is no salvageable material, or if the moneys received from thesale of salvage or from the proceeds of any insurance policy inwhich the city has created a lien pursuant to K.S.A. 40-3901 et seq., andamendments thereto, are insufficient to pay the costs of the work and thecost of providing notice, such costs orany portion thereof in excess of that received from the sale of salvageor any insurance proceeds maybe financed, until the costs are paid, out of the general fund or bythe issuance of no-fund warrants. Whenever no-fund warrants are issuedunder the authority of this act the governing body of such city shall makea tax levy at the first tax levying period for the purpose of paying suchwarrants and the interest thereon. All such tax levies shall be in additionto all other levies authorized or limited by law and shall not be subjectto the aggregate tax levy prescribed in article 19 of chapter 79 of theKansas Statutes Annotated, and amendments thereto. Such warrants shall beissued, registered, redeemed and bear interest in the manner and in theform prescribed by K.S.A. 79-2940, and amendments thereto, except they shallnot bearthe notation required by that section and may be issued without theapproval of the state court of tax appeals. All moneysreceived from special assessments levied under the provisions of this sectionor from an action under K.S.A. 12-1,115, and amendments thereto, whenand if paid, shall be placed in the general fund of the city.

      History:   L. 1961, ch. 74, § 6; L. 1968, ch. 185, §2;L. 1985, ch. 73, § 3;L. 1986, ch. 74, § 3;L. 2008, ch. 109, § 33; July 1.